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Home My WebLink About471106 GREEN MOUNTAIN TECHNOLOGIES INC - PURCHASE ORDER - 9122601City of Fort Collins Date: 05/03/2012 PURCHASE ORDER Vendor: 471106 GREEN MOUNTAIN TECHNOLOGIES INC 5350 MCDONALD AVE NE BAINBRIDGE ISLAND Washington 98110 PO Number Page 9122601 1of3 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 05/03/2012 Buyer: ED BONNETTE Note: Earth Tubs are to be delivered to: Gardens on Spring Creek 2145 Center Ave. Ft Collins, CO Attn: Michelle Provaznik (970)221-6881 PRICING PER ESTIMATE #151 DATED 4/26/2012. LEAD TIME 10 WEEKS ARO. Line Description Quantity UOM Unit Price Extended Ordered Price Earth Tubs (2) 1 LOT LS American Recovery and Reinvestment Act of 2009 Procurement Provisions: This contract is funded by the " American Recovery and Reinvestment Act of 2009" (ARRA). In compliance with the ARRA contractors and subcontractor must adhere to the following provisions: ARRA TITLE XV-ACCOUNTABILITY AND TRANSPARENCY BUY AMERICAN SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that- (1) applying subsection (a) would be inconsistent with the 20.035.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9122601 2 of 3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. ECONOMIC STABILIZATION CONTRACTING SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a) SHORT TITLE. -This section may be cited as the " Employ American Workers Act" . (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. Total $20,035.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 has'e Order Tcrms and Conditions Page 3of3 l.C'OhIMERCIAL DETA I LS. Tern eranptions. By statute the City of Fan Collins is exempt Wm state and local Iowa. Our Exemption Number is II. NONWAIVEIL 98 W502. Federal Excise Tan Exemption Certificate of Registry 84-Eool is registered with the Collector of Fuilum of the Purchaser to insist upon strict perfomance of the coma and conditions whod, fuiltim or delay to lem.tal Be ..... Denver, Colorado Bef. Colorado Revised Smane, 1973. Chapter lV _h, 114 on examiso, any rights or mundias provided herein or by law, failure to promptly notify the Seller in the evens of a broach the acceptance of or payment for ponds Immander or approval of the design, shall not release the Seller of Goods Rejected GOODS JWJEC'I ED Jac no Ailare to mmnt speciticati am, eillmr when thippeo or due to data,. of any of the vo—nows or obligaiuns of this purchase older mad shall nut be deemed a waiver of any right of the damage in transit, may be nnonno,ol w you for train and a" not to be mallard asacepu uWn receipt of written pumices to insist upon w.in,mrrorporme location, any ofit, rights oramedw, as 1. any such LUads, Ill umruumm ram the City ofFon Collins, ul'wIran shouted, ",lived or .... Fred, as ho any prior or subsequent default brnonde, nor shall any pumand oral mminianam ar ns.avon of his purcbax order by the Purchaser operate o a waiver of m0' of the nuns bupcelian. GOODS a,, subject la IM1e Ca, afRm Collins inspection on armeal. h."nI: Final Aeceplunec. Receipt of he morchandiu•, an ion or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins How..., it is 1. be a ia derslwJ Than FINAL Seller and IM1e Purchaser mmgnize Thai in actual cc is practice, o Nicar"s reading from Thouroor ACCEPTANCE is dependent upon eamplainn ofall applicable n,.imd ir.pemitin po.Nures violations an in fact game by The Purchaser. T hcremfoml fur goodcome and as consideration for executing this purchase alder, The Seller handy assigns To the Purchaser any and all claims it no, now have or reason Freight Tams. Shipments mto, be F.O.IT, City of Fluor Collins, into Wassail SL. I'an Collins, CO 80,22. notes mo,ind ubda federal or srate aatitneo laws for wch mrrcha,o miming m hue pmicull r goods an services mlmrw ins specified on This idea 11 ,misom. is given To prepay Flight and durgo upuoullY. The original freight purchased or acquired by the Punhaocr pursuwn to this purchase order. bill rotor mcompmy ins etc. Additional charges for packing will rim be vcccWN. 13. PC RCI IASF.RS PERFORMANCE 01; SEL Lf. IS OBLIGATIONS. Mutational Distance. Where rusainformars lave distributing pain s pans of the. Ton, Au,hnm is Ifthc l'urchoanduccu nwarrant The Sellea rranumonlitrminger deky ctive facts bdata to be, agreed upon by the m esteemed froIbe n sI distribution paint to Jalinmion, aidcseuv ffciflu will be deducted from invoice when Erwhascr and the Safe, and the S.Ilenlmounal indicates its iiwbility or unwillingness to comply. the Purchaser shot cuts arc mad, tram gmumr dance. nay c se the walk to be part by Ibe if .... I cxpedaious mcam' uvoilable 1. it, untl the Sallor shall pay all tau os.dmcd all. such nark. Eaton, Sc11er And pnnua a, vh e. sole cast all necessary permits, cenilieams old licensors required by all up,imable Iota, regulations, o.Jiromm,, uad ones of The 9ffiL munieipuliry, I .... Ivory or political subdivision where the Scllcr shall release the Purchamr and it, contractors of any her from u11 liability ard claims of any Iwture (tic work is perfumed, or required by any other any constructed public authority havin, Jurisdiction ver The work resulting pant the performance at such work. of vendor. Sella, fume, uyccs to hold the City of Too Collins harmless foam and against .I1 liability and has hemmed by Them by reason of. aw rid or established wiolulan of may such lows regulations. ordiTa,as, mlrs 'I his chose shall apply even in the event of fault of negligence of the pray "icaed and Awll .sand to The and r,uiremcn,. directors, ofHmn and employees of,.Ih party. Amlwrivlion. All panics to this normal agree Thai The representatives am, in her. Flom fide and pormss full aml complete authority To bind said panic. L I on I rATION OF TERMS this purchase Otter axprcsly Junin, acceptance To the mos and conditions stated herein act fall: ad any oi,intiona, or additional tenor and conditions annexed worth or incorporated herein by rdiruTw. Any additional or Thereof terms slid candor... proposed by seller art obarred Ira and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AD[ A iin lladco ely if You cannot cook. ocn.plcm similar ... Tt 1n arrive on Your pm sad delivery date o noted.'I imc is of the cone Ornery and perfarmancr must be off ... Iwithin the limo stated on the purchase order and The dreunum, beached heat. No ucu of the larehas<rs including, wilhout foramina. acepanc, of pmial lam J,Ilvnics, shall opamtc a, a waiver of nds pmssiun. In the avem of any ddvy. The Pamhasrshall have, f addition To other legal and wadable manages, he apron ofplacing this oNerdsewhac and holding loo, &tier liable lot danhil However. the Seller shall not be liable for entities as a ,cult of hEy, due to eauus nol reasonably lor,mcublc which are beyond Its mz.00able control and without iw fault of ter,hgo nce. actions of God acts ofcivil ornfliwry oothuritics, Soveranninnalpirriontics. dims, strifes, flood, cphismics, wars or Trans provided than notice of Ne conditions causing .all delay is racto to the Errata. within live (5) days othe ,intowhen the Seller11D, received knosvlcdfe Nnvid In far occur ofa y such delay, the data ofurtive, shall be -Traded for he prod equal fo The Timm anm11Y Imo by rvaw code delay. 3. WARRANTY. The Stiller ,cones Iha all coil, articles, nounials and work rumored by This .,do, will ecnforan wild applicable Jo lust, speci0mtions, sn@Ics under, ohm dc,crUnall, gilt will be lit hm thPu ie gox ended, and ,mT Tied wilt the higher, degree of cure and cuupm ... in aaconhnc with .earned standards for walk of coil., ,.lure. 'rho Seller ages m bald The purdesrr IT.rontsy from any oat, doors, or cnpco, which for Purchaser Troy soli or incur on account of The Sellers ,.moan of worm ay. the Seller shall efface, repair, or make good, x'ilhoat cost 1. he purchase, any drivers or I'auls arising within one 11) year or within such longer period of rium as "fay be pnsribd by law or by the mars orally applicable warranty poll by the Seller after The date of ccocmm,f the maw, famished harmonic' Iamrpana, not to be un tchonably Jda, W ), resulting fmm iar"! at or drEctice work Jane or materials proofed by Ne Seller. Acceptance m use .1 goad, by The Purehaur, shall rim nstione a waiver of any claim under this rummy. Except as others, iw providdraw. ed in this pre other, the Sellers liability aemunder shall extend toall changes proximately cauxN by the breach of arty of the notation,is---IT. or gmmnees, but such liability shelf in no event include ass of profits or loss of use NO IMPLIED WARRANT Y OR MERCHAN I ABILITY OR OF 1:1'1'NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'I be Purehm.nnuy hake,lame. To legal moms by council change order. 5. CHANGES IN COMMERCIAL TEAMS. The Purchaser rimy look, any chat,,. to the Irma, mbar Than legal terra, including additions to or deletions fmm the quantities origimlly ordered in that spc,ilicaima or Earnings, by verbal or wrinen assume order. If any such .hang, allies Ibe onoun, due onhe lime ofporformwlue hcrcunder, an equitable adjustment shall be made. 6.1 ERM[NATIONS. Ibe panimur may at any time by %icon change order, terminate this agreement as to any or all pvarious of the goods then not shipped, subject to any equitable adjustment between the panics as to any so or materials then in pruytss pmridad Inn the Purehaser.hull nor be liable for any cl,inu for u nicipated pmlits on IM1e ......Tend p.nion of the goods limit r work, for incidcnwl or consequential damages, and that no such adjusunrnt be mule in tenor ufthe Seiler with respect to any solids ohnno are the Sellers standind stuck, No such Inhalation shaft nalieve the Powhaser onhe Seller at any of their obligations as m any grads danced Immunder. ). CLAIMS FOR ADIUSTMCN"1'. Any claim for adjustment nun be m.ened within Ihiny (30) days from the data The choose or continuation is armcnd. K COMPLIANCE WITH LAW. the Scllcr wmran. has all pounds suld Imorunder shall have been produced, wld, dEi,owd and furnished in shin moplior a with all spplinble laws uad regulations to which the guards arc sutural. too Scllcr shall ,seen and ildner such docoment,at, may be m4ued to effect -evidence aonldimca. All lax and oa,Lai s occurred to be incorporated o agree of This clam in arc hereby incomcc. powd herein by this mmornThe Seller agrees to indan nify and hold The Purchaser aarmlcss fmm all cons and damage su@rat by the Purchaser as, a result of the Sellers failure To comply ,in ..all Ew. 9. ASSIGNMENT. Neither any stall asigm, Iaofe, or i a way Nis time, ar any monies ITo ono b.came do, hereunder without the prior wrinen cons.m of The odor puny. In HILL "I'tc Scllcr wmmns full <Ica and unnstrimvd tiflc to rho Purctottr for all rquipnsnL muentils, and Imes furnished it, ryT6mance of his agreem,n, free rand dear of any and all Iran,, nstrimi.ns, reurvali.R, ......Ty interest trnonfbances and claims of others. I M Sellers contractual obligations, including xamanry. shall nor be deemed to be mJuc d, in any way, G uu such work u Nfmm,d or caused to be mrlornnd by the Purchaser. W. PATENTS. Wlmt r'he Sol],, is mo,ircd to uu airy Jail device,nnerial or pm ed tra the rby tomr.,rmu, demark <upyrigM1l, e Salle, shall maternally urd save hurmlt�s the Purchaser hour and all clouns for infringement by n al the use ofsu,h at design, Jcv oral in pre ,,lion wild elm counsel, and -man ,o mute tens it mull odemni at The Pucehocr for any cos caapanse or Jwhe asnhneM1 II may be obliged in case said n crunch my pacmnn at any time during Inv Pmu, g- or olio, the m suit t oconst work. In cuu mid and the mL or any pun donspition air the intended d, of the er shah is in m o n e add m constitute in Gn, color and the uu he said sawn th m or than is continue us nge Seller equil.pment at its awn ,npme and m its uplion, dthtr idly a for tee Pu"haser in, quip to minx mid aquipmmn iwarn pans, replace Inc con, with subswmiallY cgml but noninliingi,g equipollent. or modify iT w it h,omcz n.ninGinging. 15. INSOLVENCY. If The S.Ilcr shall tweome imahent or ba,krupl, make an —innocent far be bcmdil of enditors, appoint u mociscar or mange for any of the Sellers property or business. This older nay notation M canceled by the Purchaser without liability. IT. GOVERNING LAW. 'Ioe dclinilians at am, net ,,he inmlpm notion of the ogrccnrm and We rights a] all panics hereunder shall be unamuad under and governed by the Imes of the Suuo of Colorado. USA, file following Additional Conditions opply only a it whe n, the Seller is remand, work remand minding the services oSellers Rap....nconnes), on the premses of others. ❑. SELLERS RESPONSIBILITY. The Shca, shall arty no to work to SaI1rrY own risk until the some is fully antiquated and accepted. and shall, is x of any aacidcnL destruction or injury to the work longer materials Mfom Sellers fall completion and erefu ce, complav The no& at &Ilef, own expense and to the satisfaction of Tbr Pumhascr. When intend, and equipment or punished by others far installation or cravion by the Seller, the Seller shall reach,. unload ounce oal hncR, mime at the site and gonna Altschul], therefor as Ihough such nationals abdbr equipment were being furnished by the Seller under The order. IN. INSURANCE. 'Iha Seller shall, to his a, aexp,me, provide for the paynato of worker mrpet wtian, including occupational disease bmdils, to its employees croployed on or in connection with the stork covered by this purchase order, an&., To Their democrats in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bill not limited W, conlmmual and automobile public liability insurance with bodily injury and death limits of at least SJ00,000 for any one Orison, S500,000 for any cattle., and p.,, damage Bator per .ccidem of STWE". The Seller afn11 like,ca require his anomalous, if any, to preside for such ean,w ncunn and imoomma. Bd'orc any of The Sellers or his contractors emplrpes shall do any work upon The Emotions ofmher, the Seller shall furnish the I'uoolow, with a earphone Ran such ecopnmiun and counter have been provided. Such mnificmes shall speily the Jive %ban such compensation and insurance have ban provided. Such cernficams shall slimily the Jac wtten such compensation nnJ insunnev expires. The Scllcr a,— It.. such con clarrion and imumnm shall be insinuated mail ofer the moire work is Goodrich and accounted. 19. PRO I ECI'ION AGAINS"f ACCIDEN"I S AND DAMAGES. The Salle, hcnby connotes the entire oasilmo moil, and liability for any ono all damage, loss of injury of uny kind or nature whilso cur To perwan, or plant ca sed by or resulfing from Tilt execution of Nm c work pvidcd for ant Nis purchase ardor col ill...ucniou htrew oll, I I , Seder will indemnify and hold flat unless the Pumhawr and any all ref tlm Purche rill,, agestand employees from and aguirm any slid up duit s, nos s, man..... e1 ato ,.pens Earlier do., orindim, and whether o persons or p,,, ,hy To which the Pu"h.ur mry be put insubject by ,.an of ary an. action, eglect, u or default att the pan of the Seller, any of his contractors mnurs, shall any brought the Sellers or coma Hors otEcegsagen. or employes. In ea any in suit or account or procbyreason o shallacbmugal against the Puinal or default ul officers. Selleagenr oorlyof hiscatanyors oonyofinl or by reason nlany um, actionfuels,,aforesai.rheSelloftheyagres unyofhiscmtranms oranyofiu tor o Nair d the sa agents or employee arso to p the Seller all felony ilia r the Jdanm thereof am m any rid al zinc n the Sellers own npop m pay any and all emu, elw,q�omcys hiss and other rummer, arty andr employees thus may &ir other by o .,ruined against the Purchaser or any el i. onM1cir .lacers, agents or employees in such sofa. p ether proceedings, and in cam . ho o or other an, be placed upon or the ineJ,arg at the property ref thv Purchases, or mid ponies in ge o a insult of wch mills or other pTm„in and the Seller wills once cause the cometo Flations. aJ and discharged by givard bunt ofothanvise. The Scllcrand his reonracmrs Shull talc all a, to dm i,alni n furnish and insta11 all guards including, for the retention of sma11.,on, ai ti,lySafe wilh Al Idwe and 1970 and a sill rand r m money including, hat ormtim limitation, TM1c Occupmionul Safcry and lhohh An of 19)O and all rules and regulations issued pursmnt lbarcta. Revised 03I4010